Advice needed about a work issue.

[Raven]

I'm a town planner. I've got a builder in town who builds shitty roads...never completes them. They are private roads in subdivisions that my Planning Board has approved and the folks who have bought lots and/or homes in these developments are constantly complaining about the condition of the roads. The town is not responsible for these roads because they are private but I feel that since my PB approved these subdivisions and required that the roads be built to town specs, we have an obligation to make things right.

Anyway, currently there are 3 of his roads that are a mess and I have called a site meeting to go over them. This builder told me today that he had no intention of coming to the meeting and was not going to do another blessed thing on these roads because they were "private".

I think the glove just got dropped...what would you do?

[flvegan]

1. What's the builder's liability in his contract/bid to do the work?

If these are private roads, then it's simply paved personal real property. I would think that the owner of the dirt underneath could file suit and get damages if they are subpar and/or he's violated his agreement to complete proper work.

On edit, because I didn't really answer your question:

I think I'd take whatever route I could professionally to support/aid the folks in any pending action against the builder, and in the future, should he seek approval for more construction, don't approve it citing previous problems.

[Raven]

2. Interesting point. I am looking into whether we can legally

withhold permits for his additional development until he corrects these problems. It is not as simple as you would hope it would be.

[Gidney N Cloyd]

3. My driveway's private, too, but I bet the city would have something to say about it if >

I didn't meet their code...

[petronius]

4. It sounds to me like it's between the builder and the people who bought the lots

I think I'd be a little upset if a town I was a resident of used public resources to maintain or complete private roads. Beyond pressuring the builder, it sounds like your options are to hook up the residents with a private attorney. You approved the building, but the responsibility is entirely on the shoulders of the builder.

(Of course, I am not a planner, lawyer, or property owner - so I don't have much of a clue here. I just like giving advice. :))

[Raven]

5. Well, you are correct, this would be a private matter but the PB

gave him permits conditioned upon him building these roads correctly so I think we can try to enforce that. My feeling is that if I was looking at a lot in a subdivision that the town approved, I'd assume that it was build correctly, public or private.

[LeftyFingerPop]

6. Your statement....

"but I feel that since my PB approved these subdivisions and required that the roads be built to town specs, we have an obligation to make things right".

If they are contractually required to be built to town specs, and they are not, it seems like the homeowners themselves would have a good case for a contract breach.

Also, i would assume that any future work would be let based on a competitive bidding process? Based on past performance of the contractor, it seems that the town may be able to exclude this guy from any future town work....and that is your "stick" to induce the contractor to make things right.

[NewJeffCT]

10. the homeowners in the subdivision probably have some recourse

and, would even a private road be subject to inspection by the town? I know even homes on private roads in CT are still subject to town inspection in order for a certificate of occupancy to be issued.

But, as I said below, talk to your town lawyer/counsel.

[LeftyFingerPop]

11. I'm saying that the contract was proably between....

the owner(s) of the sub-division and the contractor. Within that contract was probably a SOW (Statement of Work) that detailed the finished specs of the road.

A contract existed, I would assume, between the contractor and some other party, not necessarily the Town.

Therefore, if the SOW was not adhered to, SOMEONE has a right to sue.

It also seems that the Town also has a hammer in this matter, because this guy probably has other construction contracts directly with the Town.

If this assumption is correct, the Town can essentially tell the contractor "Until you clean up that shitty work you did in the sub-division, you are getting no more Town business".

[Deep13]

7. Get competent legal advice which you will not find here. nt

[NewJeffCT]

9. agreed - speak with the town lawyer

town counsel or whatever you have.

[Gormy Cuss]

8. Time to have a talk with the town counsel.

It sounds as if the builder's already talked to his lawyer.

[Raven]

12. Exactly my impression. I am going to have to be sure I'm on solid ground

with whatever I decide to do because I suspect this will be a confrontation. Thanks for the advice.

[XemaSab]

13. I would think you could play the "public safety" card

Threaten to get him in trouble with the fire department, or something.